Skip to main content
5:00 am
>> sean: now that taxpayers -- tax day is over families must be breathing a collective sigh of relieve, right? an overwhelming majority of americans believe their taxes will go up over the next year. according to a new gallup poll 63% expect to pay higher tacks in the next 12 months. 30% den expect a change. 4% think their taxes will go down. what is fueling this pessimism? news is breaking that the left's dreaded cap and tax plan is making a comeback. sources tell route terse a so-called compromised -- reuters that a so-called compromise bill will be unveiled.
5:01 am
if passed cap and tax has the potential to hit each family on a daily basis. as we approach the midterm elections legislative battles like this will no doubt determine the make-up of the next congress. joining me former senior adviser to president george w. bush karl rove. welcome back, good to see you. how are you? >> fabulous, sean how about you? >> sean: let's start with yesterday's tax day. a lot of angry americans. we have the bush tax cuts are expected to expire. the death tax comeback. 5% surcharge to the higher percentage. and then you got medicare taxes going up 25%. why wouldn't everybody understand their taxes are going up? >> everybody does. amazing is the response to administration and democrats like pelosi and reid trying to
5:02 am
convince the american people, oh no we've cut your taxes by 800 billion dollars. it is amazing. cigarette tax up, health care tax up, taxes on drugs, medical devices, insurance policies, taxes on investment. that's before we get to the expiration of the bush tax cuts. somehow or another this administration and democrats in congress expect us to believe they are lessening our tax burden. who are they kidding? >> sean: you were there for the bush tax cuts. they expire the end of this year. how will that impact every person now watching this telecast? >> look, the death tax goes back up. child tax credit gets cut in half. tax rates for everybody who pays income taxes go up with the biggest rate increases for the people at the bottom. we have the compare of tax cuts on dividends and capital
5:03 am
gains which will have a direct impact on jobs. the administration is taking the perspective if they continue an existing tax cut that in and of its is self is a tax cut. part of what they are claiming the 800 billion dollars in cuts is continuing the tax code as it now exists. that is not a cut if it is already in the code. it is a increase if you allow that to expire. that is what is going to happen next year when the provisions of the bush tax cut expire that's an increase. >> sean: on the federal tax income level we are going up to 42%, when the bush tax cuts expire? >> it is going to nearly 40%. 39 and some change. but, remember at the bottom, the lowest bracket of 10% that guess to 15% when those tax cuts expire. let's see if the administration lays out a plan to keep a bunch of the bush
5:04 am
tax cuts in place. if so, good for them they are going to allow that top rate to go up. they are building into the tax code thins -- things that are going to grab a lot of people. in the health care bill there's a 3.8% tax on investment income, cap tam gains and interest and dividends you get from your developments. only to people who make $200,000 a year or families who make $250,000. but not indexed for inflation. each year as your wages get bigger over time more people are going to get caught in this which is supposed to only apply to the rich. we saw the same with the alternative minimum tax. passed in 1969 was supposed to alive to less than 10 people in america, ultra rich avoiding paying tax. today it allows to -- it applies to tens of millions of american households the only reason they don't have to pay, every year we pass affix which
5:05 am
puts off the tax. >> sean: if you are in new york add another 10% that's 50% of your income. >> don't forget social security and medicare taxes. in new york you have top affected tax rate of 60%. >> sean: health care, higher taxes for health care. floating a value added national sales tax. you might have property tax if you own a piece of property. then you might have county tax. sales tax. are we talking 70% potentially of people's income going to the government if you live in a high tax state like new york or new jersey? >> high tax, even a more modest sort of middle class family in a high tax state could see their rays between income, property, state and local property and sales taxes approaching 50%. look, americans are right.
5:06 am
you have seen recent polls. there's a long standing poll done by the tax foundation. there was another poll done that asked people what is the maximum amount of money that people should pay in their income taxes? most americans, 75% say no more than 20%. already we are at 35 and some change and we are going next year if nothing happens different to nearly 40%. americans have every reason to be concerned. particularly with this administration, amazing to me it is one thing to raise our taxes it is another to try and pretend that our taxes are not going up. for the administration to engage in the duplicity and hypocrisy of the last 20 four years sending larry summers to argue you are getting tax cuts. the 250 billion dollars of what nancy pelosi said was a tax cut is what is called a premium tax credit under the new health care bill which is
5:07 am
subsidies paid to health insurance companies. they say that's a tax cut tour. >> sean: there's going to be a referendum coming in november this is what do best. you analyze elections. you know every county, district, in the country. ed rendell is suggesting the problems for the democrats they've lost the messaging war. it is not policies. i find this amazing because the democrats have both hows of congress and we have the greatest orator as president we are told since abraham lincoln. i'm trying to understand how they blame in on the messaging war not the message. >> they've got the best teleprompter i'm not sure they've got the greatest orator. i like governor rendell. he is spinning and spinning wildly. they've dominated the messaging for the last 14 months particularly on health care. january, february, march, last year people were in favor 2-1
5:08 am
opposed by in the average. they've lost the messaging war because they have the wrong message. people are paying close attention, they are listening carefully to what the president and democrats in congress are saying and they don't like it. >> sean: i want a karl rove update where do you see as you look in your crystal ball to november you don't think the republicans are there yet taking back the house or senate. where do you see them as of this day april 16th? >> i see us at 48 in the senate, maybe 49. frankly, tommy thompson's decision not to run in which is with which is is a to republicans. he an excellent shot. i'm inching up, i did my count last week i'm at 35 in the house. getting comfortable at 35. we got candidate recruitment and primaries. filing deadlines until july. primaries until september. we got to continue to monitor
5:09 am
senate races develop earlier than house races i'm saying today 35 in the house and room to grow. >> sean: you are getting into hannity prediction land. karl rove, always good to see you. >> thank you. >> sean: still plenty more. come -- coming up straight ahead. >> every -- the message that our members heard when they went home was that enough is enough. >> sean: dnc prepares to stop the gop onslaught by pouring millions that the november election. will it work? radicalism run an mock in wisconsin a federal judge takes aim at the national day of prayer. of prayer. plus governor huckabee lots so, doc...
5:10 am
5:11 am
so, doctor... i've been thinking... no. you know how... no. so, doc, i've got this friend... [ male announcer ] talking to your doctor about erectile dysfunction isn't easy. actually, doc, there is something i want to talk to you about. [ male announcer ] but it's definitely a conversation worth having. twenty million men have had their viagra talk. when you're ready for yours, visit for helpful conversation starters and to learn how viagra can help. ask your doctor if your heart is healthy enough for sex. don't take viagra if you take nitrates for chest pain as it mayause an unsafe drop in blood pressure. side effects may include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. and ask your doctor if viagra is right for you.
5:12 am
5:13 am
>> sean: democrats are preparing for a big fight come november. they are starting to finance it now. the website reports the democrat national committee plans to contribute more than 50 million dollars in cash to various races in advance of the november election. presumably in an effort to fend off gop onslaught. it looks like all that money may be necessary. gop candidates are out raising their democratic rivals. five of the top six fundraisers among senate candidates are republicans only one john mckpaepb is an
5:14 am
incumbent. joining me with analysis is the former arkansas governor and also the host of his own show on the fox news channel governor mike huckabee. you need money to run races. >> mike: you need a lot of money. 50 million dollars in the great scheme of things in is not that much money compared to what it is going to take for democrats to hang on to some seats. >> sean: what does this first tell us? democrats and white house coordinating efforts because what? they see what potentially could happen? mike they see waves of the tsunami rolling in they know they will have to batten down the hatches. november is not going to be pretty. they may beat their chests and say we are going to have a great year the american people love what they've done to them. obama approval ratings are the lowest they've been support
5:15 am
for health care is less than i was the day it passed by a lot that's significant. >> sean: for all the talk to the american people they are not worried about november, they are not worried about november. they are worried about november. >> game face stuff, pure game stuff. if they are not they are in lala land. they look at what is happening to the independent votes. the independent voters over and them in. those independent voters are breaking 3-1 against them. a stunning reversal and it has happened in a year. >> sean: we were talking about it earlier. barack obama is up in d.c., down across the u.s.. i'm thinking, if i was running for office i would want the opposite image. i would want to be up in the rest of the country and let d.c. hate my guts. i think a lot of what we see going on in the country is very anti-bureaucratic government d.c..
5:16 am
>> who lives in d.c.? government workers. government lobbyists. people who headache their living off government getting bigger. people whose job security is dependent upon government remaining big. they love this stuff for them it is job security. for the rest of america it is joblessness. we saw this week second week in a rowe unexpected down turn in the number of jobs created. that's the way the economists were saying it. unexpected spike. i think if you continue to frighten people with taxes and health care costs it is not unexpected. let me give you an expectation. it is going to get worse until small business owners have any confidence they might be able to hire against. >> sean: we watched the tea party effort take place across the country. a lot of anti-tax rallies that took place across the country. bill clinton we've heard the phrases, comparisons, et cetera. what did you think of bill
5:17 am
clinton's comments? >> i was disappointed and surprised. i'm hoping that he didn't think through that i don't want to believe that he consciously tried to link the tea party people to timothy mcveigh. primarily because the whole movement of a timothy mcveigh and the militia that he was part of and the groups that are separatists was that they wanted to pull away from the government. the tea party is wants to engage the government. it is not about i want to separate from the government, they want the government to separate from them -- from their involvement in their lives. >> sean: why the effort to demonize them? >> because, it gives a sense of teamwork for the democrats. it gives them a common enemy. for the same reason that health care passed because of what i call the political version of the stockholm syndrome. where they kept all those congressmen captive in washington. they say it is us against
5:18 am
them. we got to stick together. if we don't stick together they will run over us. i was very successful. >> sean: let's look into mike huckabee's crystal ball. i don't like being over confident. i've worked under the premise you unpromise try and over deliver. >> great point of view. >> sean: you exceed people's expectations. the expectation now among everybody, political pundits is that the republicans will do very well. are they building up too high an expectation? is there a risk they are over confident? >> they've got to be careful not to assume they are going to win just because they are republicans. they need remember they were thrown out in '06 and '08 because people felt they didn't show a significant enough different. the tea party people can be the difference in helping republicans get elected. but the tea party are principle focused not party focused. if republicans try to run on the party rather than the principles of keeping taxes
5:19 am
low, being classic conservatives, smaller government, national security, things that give americans confidence that they are going to see their grandchildren live in liberty, if they do anything other than that the republicans will not get the sweep they are expecting. >> sean: three or four people -- obviously your name is put in the list that may run or would consider running in 2012. who are three, four people, besides mike huckabee thank you think would represent those values you just articulated? >> there's always the names you hear. sarah palin, mitt romney and newt gingrich and people you hear all the time. i'm going to support the conservative candidate, the republican candidate. i think there's some people out there not hearing a lot about. mitch daniels from indiana. extraordinarily competent governor who knows how to govern. jeb bush. i don't rule him out. because jeb is -- >> sean: i don't rule him out either.
5:20 am
>> he's an extraordinary politician. more importantly, he was extraordinary governor. you have people that aren't even on the radar screen because they are not fanning the fires of it. but they are very capable, very competent and could be in the mix on any given day. >> sean: governor we will be watch this weekend. thank you. still a lot more hannity coming up, straight ahead. >> for 338 -- more than $1,000 for every man, woman and child in the country. >> sean: you may not know how much it is costing to you comply with our tax code. wait until you see the shocking video. global warming alarmists speak out on iceland's volcanic eruption. eruption. that plus our great, b-a-c-c-a-l-a-u-r-a-t-e. baccalaureate. correct. [ audience groans ] since this competition has been continuing for 48 hours and we have t to eliminate anyone
5:21 am
it is the decisi of this board to declare all 20 contestants winners. you ha all competed admirably. admirably. a-d-m-i-r... ♪ ♪
5:22 am
5:23 am
5:24 am
. >> sean: tonight on our great american panel. he was bill bradley's deputy campaign manager. serves at the canon baptist church in harlem, new york. mega superstar in the world of talk radio. she is a political commentator columnist for the daily caller. you can see her on human
5:25 am
events. so i'm reading u.s.a. today yesterday, tax day. >> you and i disagree on politics you are a liberal and i'm more conservative. although we agree on most social issues. here it is. yes i love taxes. call me old fashioned i think it is unpatriotic to demonize the funding of our government. to be a liberal today if you are going to pay 60% of your income you have to hit yourself in the head. were you thinking that yesterday? >> no. i was glad that 95% of americans got their tax cut under president obama's program. i'm concerned about how our tax dollars are spent. and i think any responsible person in this country would be concerned. >> sean: at what point do you say, state, local, county, sales, property, at what point
5:26 am
do we say, what percentage of people's income is taken by the government is enough, in your mind? >> i think we have elected representatives to reflect our views -- >> sean: no, i want jacques degraff's view. 50, 60, 40, 20? it is not more than we keep? >> sean: 60% is too high? >> way too high. >> sean: jedediah, you live here, right 60%? >> you have a good point where is the cut off and where is the incentive for people to work? i have friends who don't want to take jobs because they feel their check is eat answer way by the government. a lot of times they don't take a second job so they realize it will be futile. we have a large segment of the population that doesn't pay taxes. when you have this imbalance and a bunch of people who aren't contributing to the system and can't comprehend a
5:27 am
lot of the affects of these policies, then you have a segment penalized for hard work, what do you do? >> what i'm -- yesterday on several shows i asked that question nobody would give a number. when you raise the issue 47% are paying no federal taxes there's a knee-jerk of people saying they pay these other taxes. 53% are paying federal taxes, 47% paying nothing. >> sean: liberals are saying hannity says 50% don't pay taxes they pay medicare and social security. we are talking about income taxes. liberals have a hard time figure thising -- figuring this out. americans are split on whether their income taxes are too high. when half don't pay would you expect that number. 70 million americans don't pay. and the vast majority of them do get benefits from the other
5:28 am
50% of households paying income tax. >> when you raise this issue right away we go to the people that are seniors or whatever. that's the calls i . when you say a family of four, $51,000 as long as both kids are under 17 pays no federal income tax that number sticks with people. >> sean: with all the money they take in, they still not enough they still got to rob from our kids and grand kids. >> exactly. it is also important to note that a lot of these tax increases are kidding average americans. there are tons of new taxes. look at the taxes coming to the health care bill. small businesses, look at the tanning salons. >> people pay property tax, sales taxes. it is not as though people don't pay taxes. i >> they are not paying income tax. >> but they are paying other taxes which go to helping government to run and function. >> sometimes you have individuals that are coming
5:29 am
together and pulling -- pooling their money together. sometimes they can barely come out on top now they are hit with taxes. i don't go to tanning salons, i heard about this. >> sean: me and don go on the weekend. >> the question becomes, what would you cut? if you don't want people to pay taxes, what would you cut? >> sean: i do not have a long enough segment. >> state governments across the country are trying to balance their budgets, what would you cut? >> sean: everything across the board. >> even the republican governor's association wouldn't say that >> sean: i said this, my friend don imus quotes me on it often. i have often said liberals are generous but only with other people's money. here's joe biden the multi-millionaire, cheapskate, $4800 in charity i'm sorry jacques, i would give you a check for that for your
5:30 am
church. >> i've been waiting. >> sean: but in all seriousness. i'm thinking, why aren't they more generous with their own money? >> why aren't we holding them accountable? >> sean: vote forbidden? >> i voted for the vice president of the united states proud did. >> he was making 2, 250 he and his wife. this is high for him. it was $200 a year. >> [ talking over each other ] >> sarah palin is more charitable. >> between joe biden and someone who had run a city, state, small business successfully. and quit because she had a ton of ethics violations charged against her. >> as a general rule i don't vote for -- >> can i clear that up. sarah palin quit her job because she had tons of ethics charges being come her that
5:31 am
would costing her state tons antons of money. and the reality is that if she had stayed in that position and the betterment of the state was in jeopardy then it would have proved that she didn't have loyalty to her state. >> sean: nancy pelosi and hillary clinton have plenty of our tax dollars they are spending on booze, liquor, we'll have the answer, when we come back, straight ahead. chloe is 9 months old. she is the greatest thing ever. one little smile, one little laugh.
5:32 am
honey bunny. [ babbles ] [ laughs ] we would do anything for her. my name is kim bryant and my husband and i made a will on legalzoom. it was really easy to do. [ spits ] [ both laugh ] [ robert ] we created legal zoom to help you take care of the ones you love. go to today and complete your will in minutes. at we put the law on your side. go to today and complete your will in minutes. about all the discounts boswe're offering. i've got. i some catchphrases that'llideas make these savings even more memorable. gecko: all right... gecko: good driver discounts. now that's the stuff...? boss: how 'bout this? gecko: ...they're the bee's knees? boss: or this? gecko: sir, how 'bout just "fifteen minutes could save you fifteen percent or more on car insurance." boss: ha, yeah, good luck with that catching on! anncr: geico. fifteen minutes could save you fifteen percent or more on car insurance.
5:33 am
5:34 am
5:35 am
>> sean: we continue with our great american panel. here's "the new york times" today. i'll put it up there you can't read it i'll read out to you. clinton sees parallels talking about tim mcveigh, federal building and the tea party movement. i read this, the tea party movement has already been accused of being unamerican,
5:36 am
mobsters, racists, supporting the klan and segregation. now domestic terrorist? bill clinton made that allegation. >> bill clinton is also terrified of the tea party movement. for some reason so many people on the left are horrified by in grass roots movement that represents now country started. it is ridiculous. if anybody has been to these tea party vents these allegations are absurd. >> spoken at seven or eight. what i like about the tea party movement, they are not going crazy third-party sort of people. they are looking for people to follow conservative principles but they are not jumping ship. it is a movement that is growing as far as maturity. >> sean: in the last month it has green by 10% if you look at the electorate. do you think that annan -- that is appropriate that analogy to use a brush and say people are racists? >> i think what president
5:37 am
clinton was trying to do and making an appropriate comment that words have meaning and impact. when you create super heated rhetoric which i think you can at least say the tea bag movement has done, their super heated rhetoric could have terrible consequence for this country. the other part is this, sean if i could. the challenge for the republican party we you start saying they are not going third party, melding into the republican party, you have problems when you've these, if you will hard-core believers coming up begins traditional republicans so you have the situation that you have in kentucky where the party's selection bunning says i'm going with them. >> i think it is a good thing to hold republicans to conservative principles not to let them get vote -- >> sean: i agree. let me ask, tea party member that used the phrase if they bring a knife, we bring a gun. and we're gonna send this
5:38 am
person out to tear that person up. does that cross a line in your mind, that language? >> combined with the fact that people come to guns with rallies. >> sean: no, the words if they bring a knife we buy a gun. you hear that at a tea party is it inappropriate? >> i think it is within the bounds. >> sean: barack obama said it. i'm only trying to make a point. >> that has been used by others. >> sean: because i think there's a double standard. i think the media is falling into this trap. they want to fall to this -- they want to create a caricature. just like they've attacked fox news. every host on fox news. everybody that i know talk radio. they want to create a caricature. now they are trying to do it to an entire movement. it seems to be orchestrated and systematic and organized. am i wrong? >> if you create a caricature all of a sudden there is no
5:39 am
merit to that group. it doesn't become a group that is representing the traditional american values of personal responsible and limb merchandise -- and limited government. it becomes a racist fringe movement. these are democrats, republicans, diverse people disheartened with government. >> i saw nbc reporter with an african-american guy at a tea party rally. and the first question was, aren't you uncomfortable here? >> sean: i saw that >> yeah. >> do you think there's a reason that the senator from massachusetts decided that he couldn't find it in his schedule to show up for any tea party rallies? >> sean: i have no idea. >> i'm saying, i think -- i'm suggesting that some within the republican party are looking at the same phenomena observing and saying these people are getting a little too scary for us. they are gonna thwart our ability to capture majority.
5:40 am
>> sean: explain what is scary when people say they want -- >> you tell me >> sean: you're the one that said it is scary. >> i'm sailing scott brown did not show up. >> sean: government to be smaller, budgets to balanced and they think congress has over reached. >> they are saying where is his birth certificate, where was he born -- >> sean: they are not. >> i'm making this up. >> the woman who is i think is a wingnut the birth of the movement out in california she was disinvited that to me shows -- [ talking over each other ] >> she had been invited. >> sean: great panel. happy friday. time to check in with greta for a sneak peek of what is coming up "on the record." where is the papers tonight? >> greta: all blank tonight. we have reverend frank lidge
5:41 am
graham -- franklin graham, plus democratic pollster here says there is going to be a bloodbath, my word, in november for the democrats. he has a tip, co-save them. and that horrible cloud that is all over europe that is very dangerous to planes and causing so much economic catastrophe and destruction we have the latest on that and much more. >> sean: thanks greta we'll see you 19 minutes from now. a special report, if the u.s. tax code if it confused you yesterday, you are not alone. my next guest has the answer on how you can simplify the entire thing. meet the man who helped construct the legal policy to fight the war on terror that is coming up, str
5:42 am
5:43 am
5:44 am
5:45 am
>> sean: americans know all too well that deciphering the
5:46 am
u.s. tax code can be excruciating. new online video exposes complying with the code can be costly for you and your family. >> just complying with the tact code will cost us 338 billion dollars this year. the reason for this punitive compliance cost is politicians keep making the tax system more complicated. the chart you see on the screen shows the number of words of tax law and regulation just for the income tax has jumped from 718 in 1955 to more than 7 million in 2005. who knows how high it is now. dealing with that complexity is time-consuming. irs estimates we spend 7.6 billion hours each year dealing with the tax system. equivalent of nearly four million fulltime workers. i'm afraid to speculate what that number is going to be knew obama has put the irs in
5:47 am
charge of enforcing a government run health care system. >> sean: joining me to talk about her research is the student who narrated that video. welcome to the program, thanks for being with us. >> thank you stprorg me. >> sean: gut to break in down. obviously, people have just been through this. when you break night those numbers, it is spectacularly shocking and confusing. explain what you found in your research. >> it is honestly terrifying. i saw were you talking about high tax rates earlier in your program that is obviously a big issue this is terrifying the waste of resources that we have. 338 billion dollars is what the tax foundation estimates that just complying with the tax code cost us this year this means the amount of money that people pay for accountants, tax preparers, just to file their taxes. the irs estimates that it costs us -- it took us 7.6
5:48 am
billion hours this year. most of this cost is actually bared by the small businesses and poor individuals. >> sean: i think one of the most amazing things we find out every april 15th, you put a group of accountants together, give them the same information and none of them ever come up with the exact same return. how could the irs expect that the american people can get it right when the best accountants can't get it right? >> that's very true. "money" magazine used to do a survey and send a family out and they would get not and a single correct answer. it is awful that even irs agents can't give us the right answer, yet we are held liable. >> sean: more interesting that we have a tax cheat as head of the irs but that's a different story. do you do your own taxes? >> i actually don't currently
5:49 am
have a job. >> sean: is that why you did the video? >> no, no. i did the video because i grew in germany and i've seen what big government can do and i'm concerned about the direction in which we are heading. >> sean: good luck in your job search it might have something to do with government we wish you the best of luck. >> my next guest helped shape many of the legal policies that guided the war on terror. he's here to give us his take on how the president is or is not following through on these man caused disasters, straight ahead. ah! silver one. that's not a volkswagen. ♪ [ tires screech ] ♪ [ sighs ] that's two for doubting.
5:50 am
[ chuckles ] you hit like my sister. really? i'd like to meet her. [ male announcer ] the volkswagen cc. award-winning design for just $299 a month. it's a whole new volkswagen. and a whole new game. ♪
5:51 am
5:52 am
5:53 am
>> sean: throughout the bush administration many democrats and liberals criticized what they saw as improper expansion of executive power. my next guest argues that bush had it right and that a strong executive is essential to victory in the war on terror. john yoo is the author of crisis in command a history of executive power from george washington to george w. bush. i sat down with him earlier to talk about that and more.
5:54 am
welcome on board. explain who you are and what you did. you have an incredible background. >> at the time of 9/11 i was deputy assistant attorney general in the office of legal counsel of the justice department. it was up to us to make crucial important decisions the beginning of the war about whether it was a war. what president bush could do in response? whether he could use force abroad? a lot of people in country don't think 9/11 was start of a war. >> sean: take us inside what you went through. was this discourse, debate, disagreement among people lawyers in particular or was there pretty strong consensus on the direct? >> there was a lot of consensus about whether it was a war. i don't think anyone doubted years ago we were at war. there were a lot of arguments about could we interrogate,
5:55 am
detain them at guantanamo bay, give them military trials. there was a lot of discussion and discord within the administration about that in the end they supported the president's choices and policies. >> sean: i have people call my radio show and say there was never a formal declaration of war. the authorization of use of force seeps if you are authorizing force you are going to be continue gauged in a war by definition. the constitution does not say you must use any specific words. >> you get an a in the law. it says in my book you can declare war but you can go to war in other ways which we have in our history. we used force abroad over 130 times only declared war five times. the authorization to use military force in some ways is broader and more powerful than any declaration in our history. >> sean: i don't want to interrupt you.
5:56 am
the very things that you debated then, the country is now debating again. gitmo, enhanced interrogations. i think the christmas day bomber is a classic case or the trial of khalid sheikh mohammed is a classic case. the fact that we had this guy who wanted to put a in his underwear and blow up a plane with 300 people onboard is not interrogated immediately is frightening. he gets miranda rights and lawyered up. what is the legal side? >> is 9/11 a war or not? if you don't think it is war what the obama administration is doing makes sense. it is what we used to do before 9/11. remember the usscole bombing they treated terrorism as a criminal justice problem. if you think it is war you don't have to give mir ran fdr, lincoln made the same choices when president and they faced
5:57 am
what they felt was a car they used detention and interrogation to win the war. not worried about convicting people. >> sean: military tribunals. >> washington, lincoln, fdr, all used them. >> sean: with supreme court dense and congressional authorization over the years. >> right. >> sean: question is, i guess the answer you just gave us the answer. barack obama does not think we are at war. he said the other day he thinks so. contradictory to statements he and janet napolitano made earlier these are man caused disterse. >> i'm worried we are not using the full panoply of powers to tight the war using law enforcement criminal justice techniques and sacrificing getting information and being able to use it right way >> sean: as you trace the history and you start with george washington. you admit in the book that most lawyers and judges today are not originalists like and
5:58 am
continue and scalia >> i worked for justice thomas. >> sean: the reality is, what has happened? we have definitely our opinion has shifted a lot. seems the aclu view is more prominent today as far as i can see and i think you agree than any point in history. what has happened? >> one thing is, constitution wants our president to access lots of power and exercise discretion during challenges like war and emergencies. that's the only reason we have a president if we could predict everything that is going to happen in the future we could just have a congress. that's the reason for the existence of the presidency in the past examples that you just mentioned, fdr, lincoln, washington our society and legal system gave presidents that room to maneuver. >> sean: as somebody who
5:59 am
helped formulate the policy after 9/11 on enhanced interrogations, guantanamo bay and you see what this president is doing, what are you concluding? >> one thing i worry about is he is reducing the power of the president for the future to respond to some unforeseen emergency like the 9/11 attacks for the next president. he himself won't be ready. i think he almost has -- the obama administration has an aclu dna that they just won't do some things which think are for the best interests of our country. as i layout in the book the president's first and most important constitutional duty to protect the country from attack. when we are at war and being attacked, the president can use his war powers. obama is trying to say no, i'm the chief police officer. >> sean: now we want to put navy seals and cia interrogators on trial and in jail perhaps. nice to meet you, good luck with the book. appreciate you being here. >> thank you.

The O Reilly Factor
FOX News April 17, 2010 5:00am-6:00am EDT

News/Business. Host Bill O'Reilly interviews newsmakers.

TOPIC FREQUENCY Us 10, Washington 5, Obama 4, Irs 3, Doc 3, Hannity 3, Mike Huckabee 3, Sarah Palin 3, New York 3, U.s. 3, Fdr 2, Nancy Pelosi 2, Joe Biden 2, Volkswagen 2, Clinton 2, Timothy Mcveigh 2, D.c. 2, Rendell 2, America 2, Reuters 1
Network FOX News
Duration 01:00:00
Video Codec mpeg2video
Audio Cocec ac3
Pixel width 704
Pixel height 480
Sponsor Internet Archive
Audio/Visual sound, color

disc Borrow a DVD of this show
info Stream Only
Uploaded by
TV Archive
on 6/1/2012